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AB56-ASA1,686 7Section 686 . 49.46 (1) (a) 14. of the statutes is amended to read:
AB56-ASA1,355,138 49.46 (1) (a) 14. Any person who would meet the financial and other eligibility
9requirements for home or community-based services under s. 46.27 (11), 46.277, or
1046.2785 but for the fact that the person engages in substantial gainful activity under
1142 USC 1382c (a) (3), if a waiver under s. 49.45 (38) is in effect or federal law permits
12federal financial participation for medical assistance coverage of the person and if
13funding is available for the person under s. 46.27 (11), 46.277, or 46.2785.
AB56-ASA1,687 14Section 687 . 49.46 (1) (em) of the statutes is amended to read:
AB56-ASA1,355,2115 49.46 (1) (em) To the extent approved by the federal government, for the
16purposes of determining financial eligibility and any cost-sharing requirements of
17an individual under par. (a) 6m., 14., or 14m., (d) 2., or (e), the department or its
18designee shall exclude any assets accumulated in a person's independence account,
19as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits
20earned or accumulated from income or employer contributions while employed and
21receiving state-funded benefits under s. 46.27 or medical assistance under s. 49.472.
AB56-ASA1,689 22Section 689 . 49.46 (2) (b) 8. of the statutes is amended to read:
AB56-ASA1,356,223 49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27
24(11),
46.275, 46.277, 46.278, 46.2785, 46.99, or under the family care benefit if a

1waiver is in effect under s. 46.281 (1d), or under the disabled children's long-term
2support program, as defined in s. 46.011 (1g).
AB56-ASA1,691 3Section 691 . 49.46 (2) (b) 15. of the statutes is amended to read:
AB56-ASA1,356,54 49.46 (2) (b) 15. Mental health crisis Crisis intervention services under s. 49.45
5(41).
AB56-ASA1,696 6Section 696 . 49.47 (4) (as) 1. of the statutes is amended to read:
AB56-ASA1,356,117 49.47 (4) (as) 1. The person would meet the financial and other eligibility
8requirements for home or community-based services under s. 46.27 (11), 46.277, or
946.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1d)
10but for the fact that the person engages in substantial gainful activity under 42 USC
111382c
(a) (3).
AB56-ASA1,697 12Section 697 . 49.47 (4) (as) 3. of the statutes is amended to read:
AB56-ASA1,356,1413 49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11), 46.277,
14or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1d).
AB56-ASA1,698 15Section 698 . 49.47 (4) (b) (intro.) of the statutes is amended to read:
AB56-ASA1,356,2316 49.47 (4) (b) (intro.) Eligibility exists if the applicant's property, subject to the
17exclusion of any amounts under the Long-Term Care Partnership Program
18established under s. 49.45 (31), any amounts in an independence account, as defined
19in s. 49.472 (1) (c), or any retirement assets that accrued from employment while the
20applicant was eligible for the community options program under s. 46.27 (11), 2017
21stats.,
or any other Medical Assistance program, including deferred compensation
22or the value of retirement accounts in the Wisconsin Retirement System or under the
23federal Social Security Act, does not exceed the following:
AB56-ASA1,706 24Section 706 . 49.472 (3) (b) of the statutes is amended to read:
AB56-ASA1,357,8
149.472 (3) (b) The individual's assets do not exceed $15,000. In determining
2assets, the department may not include assets that are excluded from the resource
3calculation under 42 USC 1382b (a), assets accumulated in an independence
4account, and, to the extent approved by the federal government, assets from
5retirement benefits accumulated from income or employer contributions while
6employed and receiving medical assistance under this section or state-funded
7benefits under s. 46.27, 2017 stats. The department may exclude, in whole or in part,
8the value of a vehicle used by the individual for transportation to paid employment.
AB56-ASA1,707 9Section 707 . 49.472 (3) (f) of the statutes is amended to read:
AB56-ASA1,357,1310 49.472 (3) (f) The individual maintains premium payments under sub. (4) (am)
11and, if applicable and to the extent approved by the federal government, premium
12payments calculated by the department in accordance with sub. (4) (bm), unless the
13individual is exempted from premium payments under sub. (4) (dm) or (5).
AB56-ASA1,708 14Section 708 . 49.472 (4) (am) of the statutes is amended to read:
AB56-ASA1,357,1715 49.472 (4) (am) To the extent approved by the federal government and except
16as provided in pars. (dm) and (em) and sub. (5), an individual who receives medical
17assistance under this section shall pay a monthly premium of $25 to the department.
AB56-ASA1,709 18Section 709 . 49.472 (5) of the statutes is repealed.
AB56-ASA1,722 19Section 722 . 49.849 (1) (e) of the statutes is amended to read:
AB56-ASA1,357,2320 49.849 (1) (e) “Public assistance" means any services provided as a benefit
21under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance
22under subch. IV, long-term community support services funded under s. 46.27 (7),
23or aid under s. 49.68, 49.683, 49.685, or 49.785.
AB56-ASA1,723 24Section 723 . 49.849 (2) (a) (intro.) of the statutes is amended to read:
AB56-ASA1,358,8
149.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the
2property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an
3amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the
4long-term community support services under s. 46.27, 2017 stats., that is
5recoverable under s. 46.27 (7g) (c) 1., 2017 stats., or the aid under s. 49.68, 49.683,
649.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), and that was paid
7on behalf of the decedent or the decedent's spouse, if all of the following conditions
8are satisfied:
AB56-ASA1,724 9Section 724 . 49.849 (6) (a) of the statutes is renumbered 49.849 (6).
AB56-ASA1,725 10Section 725 . 49.849 (6) (b) of the statutes is repealed.
AB56-ASA1,728 11Section 728 . 50.03 (3) (b) (intro.) of the statutes is amended to read:
AB56-ASA1,358,1612 50.03 (3) (b) (intro.) The application for a license and, except as otherwise
13provided in this subchapter,
the report of a licensee shall be in writing upon forms
14provided by the department and shall contain such information as the department
15requires, including the name, address and type and extent of interest of each of the
16following persons:
AB56-ASA1,729 17Section 729 . 50.03 (4) (c) 1. of the statutes is amended to read:
AB56-ASA1,359,218 50.03 (4) (c) 1. A community-based residential facility license is valid until it
19is revoked or suspended under this section. Every 24 months, on a schedule
20determined by the department, a community-based residential facility licensee
21shall submit through an online system prescribed by the department a biennial
22report in the form and containing the information that the department requires,
23including payment of the fees required any fee due under s. 50.037 (2) (a). If a
24complete biennial report is not timely filed, the department shall issue a warning to
25the licensee. The department may revoke a community-based residential facility

1license for failure to timely and completely report within 60 days after the report date
2established under the schedule determined by the department.
AB56-ASA1,730 3Section 730 . 50.033 (2m) of the statutes is amended to read:
AB56-ASA1,359,114 50.033 (2m) Reporting. Every 24 months, on a schedule determined by the
5department, a licensed adult family home shall submit through an online system
6prescribed by the department
a biennial report in the form and containing the
7information that the department requires, including payment of the any fee required
8due under sub. (2). If a complete biennial report is not timely filed, the department
9shall issue a warning to the licensee. The department may revoke the license for
10failure to timely and completely report within 60 days after the report date
11established under the schedule determined by the department.
AB56-ASA1,731 12Section 731 . 50.034 (1) (a) of the statutes is amended to read:
AB56-ASA1,359,2113 50.034 (1) (a) No person may operate a residential care apartment complex that
14provides living space for residents who are clients under s. 46.27 (11) or 46.277 and
15publicly funded services as a home health agency or under contract with a county
16department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health
17agency unless the residential care apartment complex is certified by the department
18under this section. The department may charge a fee, in an amount determined by
19the department, for certification under this paragraph. The amount of any fee
20charged by the department for certification of a residential care apartment complex
21need not be promulgated as a rule under ch. 227.
AB56-ASA1,732 22Section 732 . 50.034 (2m) of the statutes is created to read:
AB56-ASA1,360,923 50.034 (2m) Reporting. Every 24 months, on a schedule determined by the
24department, a residential care apartment complex shall submit through an online
25system prescribed by the department a report in the form and containing the

1information that the department requires, including payment of any fee required
2under sub. (1). If a complete report is not timely filed, the department shall issue a
3warning to the operator of the residential care apartment complex. The department
4may revoke a residential care apartment complex's certification or registration for
5failure to timely and completely report within 60 days after the report date
6established under the schedule determined by the department. Notwithstanding the
7reporting schedule under this subsection, a certified residential care apartment
8complex shall continue to pay required fees on the schedule established in rules
9promulgated by the department.
AB56-ASA1,733 10Section 733 . 50.034 (3) (a) 1. of the statutes is repealed.
AB56-ASA1,734 11Section 734 . 50.034 (5m) of the statutes is amended to read:
AB56-ASA1,360,1912 50.034 (5m) Provision of information required. Subject to sub. (5p), when
13When a residential care apartment complex first provides written material
14regarding the residential care apartment complex to a prospective resident, the
15residential care apartment complex shall also provide the prospective resident
16information specified by the department concerning the services of a resource center
17under s. 46.283, the family care benefit under s. 46.286, and the availability of a
18functional screening and a financial and cost-sharing screening to determine the
19prospective resident's eligibility for the family care benefit under s. 46.286 (1).
AB56-ASA1,735 20Section 735 . 50.034 (5n) (intro.) of the statutes is amended to read:
AB56-ASA1,361,221 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when When a
22residential care apartment complex first provides written material regarding the
23residential care apartment complex to a prospective resident who is at least 65 years
24of age or has developmental disability or a physical disability and whose disability
25or condition is expected to last at least 90 days, the residential care apartment

1complex shall refer the prospective resident to a resource center under s. 46.283,
2unless any of the following applies:
AB56-ASA1,736 3Section 736 . 50.034 (5p) of the statutes is repealed.
AB56-ASA1,737 4Section 737 . 50.034 (6) of the statutes is amended to read:
AB56-ASA1,361,105 50.034 (6) Funding. Funding for supportive, personal or nursing services that
6a person who resides in a residential care apartment complex receives, other than
7private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277
8(5) (e), except if the provider of the services is a certified medical assistance provider
9under s. 49.45 or if the funding is provided as a family care benefit under ss. 46.2805
10to 46.2895.
AB56-ASA1,738 11Section 738 . 50.035 (4m) of the statutes is amended to read:
AB56-ASA1,361,1912 50.035 (4m) Provision of information required. Subject to sub. (4p), when
13When a community-based residential facility first provides written material
14regarding the community-based residential facility to a prospective resident, the
15community-based residential facility shall also provide the prospective resident
16information specified by the department concerning the services of a resource center
17under s. 46.283, the family care benefit under s. 46.286, and the availability of a
18functional screening and a financial and cost-sharing screening to determine the
19prospective resident's eligibility for the family care benefit under s. 46.286 (1).
AB56-ASA1,739 20Section 739 . 50.035 (4n) (intro.) of the statutes is amended to read:
AB56-ASA1,362,521 50.035 (4n) Required referral. (intro.) When a community-based residential
22facility first provides written information regarding the community-based
23residential facility to a prospective resident who is at least 65 years of age or has
24developmental disability or a physical disability and whose disability or condition is
25expected to last at least 90 days, the community-based residential facility shall refer

1the individual to a resource center under s. 46.283 or, if the secretary has not certified
2under s. 46.281 (3) that a resource center is available in the area of the
3community-based residential facility to serve individuals in an eligibility group to
4which the prospective resident belongs, to the county department that administers
5a program under ss. 46.27 or 46.277
, unless any of the following applies:
AB56-ASA1,740 6Section 740 . 50.035 (4p) of the statutes is repealed.
AB56-ASA1,741 7Section 741 . 50.04 (2g) (a) of the statutes is amended to read:
AB56-ASA1,362,138 50.04 (2g) (a) Subject to sub. (2i), a A nursing home shall, within the time
9period after inquiry by a prospective resident that is prescribed by the department
10by rule, inform the prospective resident of the services of a resource center under s.
1146.283, the family care benefit under s. 46.286, and the availability of a functional
12screening and a financial and cost-sharing screening to determine the prospective
13resident's eligibility for the family care benefit under s. 46.286 (1).
AB56-ASA1,742 14Section 742 . 50.04 (2h) (a) (intro.) of the statutes is amended to read:
AB56-ASA1,362,1915 50.04 (2h) (a) (intro.) Subject to sub. (2i), a A nursing home shall, within the
16time period prescribed by the department by rule, refer to a resource center under
17s. 46.283 a person who is seeking admission, who is at least 65 years of age or has
18developmental disability or physical disability and whose disability or condition is
19expected to last at least 90 days, unless any of the following applies:
AB56-ASA1,743 20Section 743 . 50.04 (2i) of the statutes is repealed.
AB56-ASA1,744 21Section 744 . 50.04 (2m) of the statutes is repealed.
AB56-ASA1,745 22Section 745 . 50.06 (7) of the statutes is amended to read:
AB56-ASA1,363,823 50.06 (7) An individual who consents to an admission under this section may
24request that an assessment be conducted for the incapacitated individual under the
25long-term support community options program under s. 46.27 (6) or, if the secretary

1has certified under s. 46.281 (3) that a resource center is available for the individual,

2a functional screening and a financial and cost-sharing screening to determine
3eligibility for the family care benefit under s. 46.286 (1). If admission is sought on
4behalf of the incapacitated individual or if the incapacitated individual is about to
5be admitted on a private pay basis, the individual who consents to the admission may
6waive the requirement for a financial and cost-sharing screening under s. 46.283 (4)
7(g), unless the incapacitated individual is expected to become eligible for medical
8assistance within 6 months.
AB56-ASA1,747 9Section 747 . 51.06 (8) (b) 6. of the statutes is amended to read:
AB56-ASA1,363,1410 51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or
11diverted individuals that is in addition to Medical Assistance provided to the
12individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit
13under ss. 46.2805 to 46.2895, or under any other home-based or community-based
14program for which the department has received a waiver under 42 USC 1396n (c).
AB56-ASA1,748 15Section 748 . 51.42 (3) (ar) 3. of the statutes is amended to read:
AB56-ASA1,364,316 51.42 (3) (ar) 3. Plan for and establish a community developmental disabilities
17program to deliver the services required under s. 51.437 if, under s. 51.437 (4g) (b),
18the county board of supervisors in a county with a single-county department of
19community programs or the county boards of supervisors in counties with a
20multicounty department of community programs transfer the powers and duties of
21the county department under s. 51.437 to the county department of community
22programs. The county board of supervisors in a county with a single-county
23department of community programs and the county boards of supervisors in counties
24with a multicounty department of community programs may designate the county
25department of community programs to which these powers and duties have been

1transferred as the administrative agency of the long-term support community
2options program under s. 46.27 (3) (b) 1. and 5. and
the community integration
3programs under ss. 46.275, 46.277 and 46.278.
AB56-ASA1,749 4Section 749 . 51.421 (1) of the statutes is amended to read:
AB56-ASA1,364,135 51.421 (1) Purpose. In order to provide the least restrictive and most
6appropriate care and treatment for persons with serious and persistent mental
7illness, community support programs should be available in all parts of the state.
8In order to integrate community support programs with other long-term care
9programs, community support programs shall be coordinated, to the greatest extent
10possible, with the community options program under s. 46.27, with the protective
11services system in a county, with the medical assistance program under subch. IV of
12ch. 49 and with other care and treatment programs for persons with serious and
13persistent mental illness.
AB56-ASA1,750 14Section 750 . 51.422 (1) of the statutes is amended to read:
AB56-ASA1,364,2215 51.422 (1) Program creation. The department shall create 2 or 3 new, regional
16comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium,
17shall create 2 or 3 additional regional comprehensive opioid and methamphetamine
18treatment programs, to provide treatment for opioid and opiate addiction and
19methamphetamine addiction in underserved, high-need areas. The department
20shall obtain and review proposals for opioid and methamphetamine treatment
21programs in accordance with its request-for-proposal procedures. A program under
22this section may not offer methadone treatment.
AB56-ASA1,751 23Section 751 . 51.422 (2) of the statutes is amended to read:
AB56-ASA1,365,824 51.422 (2) Program components. An opioid or methamphetamine treatment
25program created under this section shall offer an assessment to individuals in need

1of service to determine what type of treatment is needed. The program shall
2transition individuals to a certified residential program, if that level of treatment is
3necessary. The program shall provide counseling, medication-assisted treatment,
4including both long-acting opioid antagonist and partial agonist medications that
5have been approved by the federal food and drug administration if for treating opioid
6addiction, and abstinence-based treatment. The program shall transition
7individuals who have completed treatment to county-based or private
8post-treatment care.
AB56-ASA1,752 9Section 752 . 51.441 of the statutes is created to read:
AB56-ASA1,365,16 1051.441 Comprehensive mental health consultation program. The
11department shall convene a statewide group of interested persons, including at least
12one representative of the Medical College of Wisconsin, to develop a concept paper,
13business plan, and standards for a comprehensive mental health consultation
14program that incorporates general psychiatry, geriatric psychiatry, addiction
15medicine and psychiatry, a perinatal psychiatry consultation program, and the child
16psychiatry consultation program under s. 51.442.
AB56-ASA1,753 17Section 753 . 54.21 (2) (g) of the statutes is amended to read:
AB56-ASA1,365,2018 54.21 (2) (g) The current and likely future effect of the proposed transfer of
19assets on the ward's eligibility for public benefits, including medical assistance or a
20benefit under s. 46.27
.
AB56-ASA1,754 21Section 754 . 54.34 (1) (k) of the statutes is amended to read:
AB56-ASA1,365,2322 54.34 (1) (k) Whether the proposed ward is a recipient of a public benefit,
23including medical assistance or a benefit under s. 46.27.
AB56-ASA1,760c 24Section 760c. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab)
25(intro.) and amended to read:
AB56-ASA1,366,1
159.69 (10) (ab) (intro.) In this subsection “ nonconforming use":
AB56-ASA1,366,4 23. “Nonconforming use” means a use of land, a dwelling, or a building that
3existed lawfully before the current zoning ordinance was enacted or amended, but
4that does not conform with the use restrictions in the current ordinance.
AB56-ASA1,760g 5Section 760g. 59.69 (10) (ab) 1. of the statutes is created to read:
AB56-ASA1,366,86 59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being
7separated only by a waterway, section line, public road, private road, transportation
8right-of-way, or utility right-of-way.
AB56-ASA1,760k 9Section 760k. 59.69 (10) (ab) 1m. of the statutes is created to read:
AB56-ASA1,366,2010 59.69 (10) (ab) 1m. “Contiguous parcel” means any parcel of land, up to a
11cumulative limit of 80 acres, that, as of January 1, 2001, is contiguous to and is
12located in the same political subdivision as land on which a quarry existed lawfully
13before the quarry became a nonconforming use, is under the common ownership,
14leasehold, or control of the person who owns, leases, or controls the land on which the
15quarry is located, and is shown to have been intended for quarry operations prior to
16the effective date of the ordinance that rendered the use nonconforming. For
17purposes of this subdivision, if the contiguous parcel of land was commonly owned,
18leased, or controlled on January 1, 2001, there is a presumption that the contiguous
19parcel of land was intended for quarry operations prior to the effective date of the
20ordinance that rendered the use nonconforming.
AB56-ASA1,760p 21Section 760p. 59.69 (10) (ab) 2. of the statutes is created to read:
AB56-ASA1,367,622 59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry
23existed lawfully before the quarry became a nonconforming use, including any
24contiguous parcel. The nonconforming status of any contiguous parcel shall be
25subject to the requirement that, on a 5 year rolling average, 75 percent of the quarry

1materials extracted from the contiguous parcel shall be used for
2infrastructure-related projects, as determined by the quarry operator. If this 75
3percent requirement is not met as to any contiguous parcel, the nonconforming
4status of the contiguous parcel may be suspended. This definition does not preclude
5a determination that a particular parcel of land is nonconforming under subd. 3. or
6common law.
AB56-ASA1,760t 7Section 760t. 59.69 (10) (ab) 4. of the statutes is created to read:
AB56-ASA1,367,88 59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.04135 (2) (c).
AB56-ASA1,760w 9Section 760w. 59.69 (10) (ab) 5. of the statutes is created to read:
AB56-ASA1,367,1110 59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.04135 (2)
11(d).
AB56-ASA1,760y 12Section 760y. 59.69 (10) (ap) of the statutes is created to read:
AB56-ASA1,367,1913 59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this
14section may not prohibit the continued operation of a quarry at a nonconforming
15quarry site. For purposes of this paragraph, the continued operation of a quarry
16includes conducting quarry operations in an area of a nonconforming quarry site in
17which quarry operations have not previously been conducted. Nothing in this section
18shall be construed as modifying or limiting an operator's reclamation obligations
19under a reclamation permit.
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